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More on SCO vs. IBM Lawsuit 538

Colin Stanners writes "SCO has held a TeleConference and put up a page with information on their lawsuit against IBM. The key phrase (from their complaint) is: 'It is not possible for Linux to rapidly reach UNIX performance standards for complete enterprise functionality without the misappropriation of UNIX code, methods or concepts to achieve such performance, and coordination by a larger developer, such as IBM.' Their page also includes a Q&A, presentation, and exhibits, although these are mostly licensing agreements and not code." Bruce Perens had an interesting comment on the situation, more than one group is trying to organize a boycott, and Newsforge has a story based on SCO's press conference this morning. Newsforge and Slashdot are both part of OSDN.
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More on SCO vs. IBM Lawsuit

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  • Upside (Score:5, Insightful)

    by skroz ( 7870 ) on Friday March 07, 2003 @02:35PM (#5460862) Homepage
    Interesting thing... if/when this resolves itself, and it's shown that SCO's allegations are false, and Linux DID scale to those performance levels in such a short period of time, this will weigh extremely favorably on the side of the effectiveness of the open source model.
  • GPL in court (Score:4, Insightful)

    by watzinaneihm ( 627119 ) on Friday March 07, 2003 @02:38PM (#5460897) Journal
    From bruce perens article:
    SCO is also party to the GPL, which invalidates their patent portfolio for any of their patents that happen to have been used in a Linux system that they distributed. Under the GPL terms, if you distribute your patented practice in GPL software, you must grant a license to everyone to make use of that patent in any GPL software, for any field of use.
    Would be interesting if it comes to court, if nothing else, just to see just how enforcable GPL is.
  • by stratjakt ( 596332 ) on Friday March 07, 2003 @02:42PM (#5460933) Journal
    What if SCO ends up being right in court?

    Why would they poke the T-Rex that is IBM with a stick, unless they think they can bring it down?

    We can sit around laughing or bitching or whining or moaning, but what will happen if there turns out to be code in Linux that we dont have the rights to, either by way of trade secrets or patents?

    Can all the SysV and other SCO stuff be removed without killing Linux? Would a setback be weeks, months, years, or would it be the end?
  • Re:why? (Score:5, Insightful)

    by TopShelf ( 92521 ) on Friday March 07, 2003 @02:42PM (#5460942) Homepage Journal
    Perens doesn't believe SCO realistically thinks it has a chance of winning this lawsuit. "In filing this suit they have put a gun to the head of their own software business and pulled the trigger. No one in the Linux world will ever recommend them for anything again, and other people will look at this and say 'no, this too nutty, I don't trust these guys.'"

    He hit it right on the head here. After a lawsuit like this, who'd want to work with them? It's not worth the risk...

  • by term8or ( 576787 ) on Friday March 07, 2003 @02:45PM (#5460978)
    'It is not possible for Linux to rapidly reach UNIX performance standards for complete enterprise functionality without the misappropriation of UNIX code, methods or concepts to achieve such performance, and coordination by a larger developer, such as IBM.'

    So how long has this linux thing been going on, then? A mere day and a half, from the sound of things. And there aren't tens of thousands more programmers available for linux than any other O/S, are there?
  • by Scarblac ( 122480 ) <slashdot@gerlich.nl> on Friday March 07, 2003 @02:47PM (#5460999) Homepage

    We can sit around laughing or bitching or whining or moaning, but what will happen if there turns out to be code in Linux that we dont have the rights to, either by way of trade secrets or patents?

    They distribute their own distro of Linux, Caldera Linux. So all the code there is in Linux, they have distributed themselves under the GPL. So we have the rights to it. This is really quite funny :-).

  • Fighting Back! (Score:5, Insightful)

    by codepunk ( 167897 ) on Friday March 07, 2003 @02:50PM (#5461035)
    How about someone setting up a list for Linux Hackers willing to spend time migrating SCO customers to the linux platform for free. To fight back I am willing to spend some of my time.
  • by MrTilney ( 188646 ) on Friday March 07, 2003 @02:51PM (#5461047)
    From the complaint:

    Except for SCO, none of the primary UNIX vendors ever developed a UNIX "flavor" to operate on an Intel-based processor chip set. This is because the earlier Intel processors were considered to have inadequate processing power for use in the more demanding enterprise market applications.

    What about the x86 version of Solaris?
  • by nutznboltz ( 473437 ) on Friday March 07, 2003 @02:54PM (#5461085) Homepage Journal
    http://www.wired.com/news/infostructure/0,1377,579 55,00.html [wired.com]

    AT&T's Unix Systems Laboratories developed Unix in the 1960s.

    UNIX was developed by Ken Thomson in the 1960's. There was no AT&T USL in the 1960's.

    More [bell-labs.com]
  • by Randolpho ( 628485 ) on Friday March 07, 2003 @02:55PM (#5461099) Homepage Journal
    The key word you used was "recipe". If your sister follows the same recipe, exactly, then yes, you are in violation of your NDA. If, however, your sister has a different recipe that just happens to taste similar, then you are not in violation of your NDA.

    Except the recipe is the source code. :)
  • Re:Upside (Score:5, Insightful)

    by pla ( 258480 ) on Friday March 07, 2003 @02:56PM (#5461106) Journal
    this will weigh extremely favorably on the side of the effectiveness of the open source model.

    As much as I would like to agree with your sentiment, unfortunately, it doesn't hold true. As the result of defeating a strawman, you get... A pile of straw.

    I personally find it amazing that SCO would even suggest this as a reason to sue for IP violations. The speed of Linux development has NO connection whatsoever with SCO, aside from what code they VOLUNTARILY added to the open source community. And, even if their claim did have even a hint of validity (which it does not), UCB, AT&T, and DEC (aka Compaq) would all have just as much, if not more, right to sue by that logic.

    Sad.

    But, just to save people the trouble of rumblings of a boycott... What exactly would folks boycott? This suit comes as an end-of-life move by a defunct company, apparently looking to utterly destroy their once-good reputation to toss a few bucks to their stockholders. They just don't have anything (of relevance in the past decade) to boycott About the only thing that might get the message to them consists of those same stockholders waking up, realizing that, regardless of the outcome of this frivolous suit SCO will no longer exist, and dumping their shares as fast as physically possible. Perhaps killing SCO before this all goes through would remedy the situation, but nothing else will.
  • boycott shmoycott (Score:2, Insightful)

    by wfmcwalter ( 124904 ) on Friday March 07, 2003 @02:57PM (#5461118) Homepage
    Boycott SCO? That's not going to be hard...

    SCO is in the same position as Intergraph before it, and is trying the same gag. They're a formerly large and influential company, fallen to the point of minnowhood. They have no prospect of growing significantly, have no revenue, and no significant human capital. So they've gone the patent litigation route.

    There's no obvious "strikebacks" at such a company (they're a lot like a "litigation proof" private citizen). Consumer actions or intensified competition won't work, as that is intended to interfere with revenue streams they don't have in the first place. Large tech companies (particularly IBM) might normally unleash a broadside of retaliatory IP lawsuits, but again SCO won't care much - that would interfere with revenue they don't have or enjoin actions they aren't taking. Their current claim is huge, but they'll try to negociate a more "reasonable" sum with IBM - one that would probably be less than the cost to IBM of the litigation.

    Intel wouldn't roll over for Intergraph, and I'd guess IBM won't for SCO.

  • by Anonymous Coward on Friday March 07, 2003 @02:58PM (#5461125)
    If IBM bought SCO, they would have the IP rights to the original code, plus the name "UNIX" which is trademarked.
  • by SquadBoy ( 167263 ) on Friday March 07, 2003 @02:58PM (#5461142) Homepage Journal
    Simple answer (Stolen from someone much smarter than me)

    This is suicide by cop[1].

    Or it's something similarly twisted. SCO is simply dead. The back
    story may be interesting though.

    The news.com story notes that SCO may be pissed over the failure of
    Project Monterey, which was aimed at reimplementing GNU/Linux as a
    proprietary Unix for the Itanic (that's just so wrong so many ways I
    won't even start).

    Just a few off-the-cuff observations.

    - You don't launch a land war in Asia.

    - You don't launch a billion-dollar patent battle with IBM, if your
    strategy is in fact to win that battle.

    - Corrolary of the above is that you're either trying to lose, you're
    not calling the shots, or you're aiming to win another battle.
    These are not mutually exclusive, though options 2 & 3 are the most
    likely pairing.

    - Aside: IBM generates over $1b (approaching 1.5b IIRC) annually in
    patent licensing revenues. Their patent portfolio numbers over
    22,000. IBM is the single largest holder and recipient of US patent
    grants.

    - Theory: somebody's trying to sow patent problems for IBM, and/or
    tie up IBM legal in a suit, while somebody else pulls a fast one.

    - Theory: Caldera wants to prod IBM into reviving the DR-DOS suit (or
    something similar) against Microsoft (or other parties). I find
    this unlikely, but mention it for completeness.

    - Theory: Caldera's management is trying to avoid breach-of-
    fiduciary-interest or other similar charges, while disposing of the
    company while putatively pursuing a fiduciary interest of the
    company.

    - Theory: This is Wang v. Netscape again. In that case, Microsoft
    bought a significant interest in the dying Wang corporation, and
    Wang pursued patent suits against Netscape. The patent was
    eventually invalidated, but such battles are costly.

    - Theory: (left field variety) LFP or similar[2] have corraled
    Caldera into making a blatent demonstration of just how broken the
    patent system is by going after its (the patent system's) largest
    beneficiary.

    Watch this space, things got interesting.

    Peace.

    --------------------
    Notes:

    1. If you're not familiar with the term: a perp assaults a police
    officer, in such a way that the cop has to use deadly force. This
    being the apparently desired outcome of the perp.

    2. LPF: League for Programming Freedom, an anti-patent group associated
    with Richard M. Stallman.

    Credit to Karsten on this one. This is good enough that it needs to be posted here.
  • We use SCO... (Score:4, Insightful)

    by jregel ( 39009 ) on Friday March 07, 2003 @03:08PM (#5461229) Homepage
    I work for a software company and we provide a Unixware port. Out of approximately 200 customers, I would say that no more than 10 sites are running Unixware. Most are running Solaris, with AIX and Windows taking second and third place.

    I recently had a discussion with our SCO account manager and suggested to him that SCO was "perceived" (ha!) as dying, that OpenUnix 8 was a marketing disaster and no-one is asking for Unixware 7.1.3. We had met at the Linux Expo last year and he seemed more interested in pushing Linux than Unixware. The fact that SCO have stopped developing an Itanium port of Unixware, and Openserver (their really old OS) is pretty much for legacy sites only, they seem to be pinning their future on UnitedLinux.

    We got onto the subject of patents and he tried to explain how their licensing scheme would only be used in situations where other companies were using code that enabled SCO apps to run under Linux. Hmm. I told him that wasn't how it appeared and that SCO looked as if they were desperate to make money and this is their last resort. I then suggested they had an issue with marketing. It now transpires he was either misinformed, or lying. No-one here is surprised or shocked.

    My manager has a meeting with SCO in a couple of weeks and I'll be sure to brief him on their current tactics first.

    On a different note, I find it strange that SCO and IBM were working together on Monterrey, a project that would supposedly combine Unixware and AIX for IA-64. This was going to have the Unixware kernel which I always found odd as my understanding is that the AIX kernel is far more advanced. The project seemed to fall apart and both companies developed their own products with added support for Linux compatibility. Now SCO is suing IBM for patent infringement...

    I personally hope that SCO dies, or that IBM buys them out and releases the patented code as GPL. I actually quite like Unixware 7 as it's about as pure an implementation of System V you can get (which is interesting when compared with other Unices which have differing degrees of SysV/BSD), but if Unixware dying is the price for SCO dying, then it'll be worth it.
  • by loucura! ( 247834 ) on Friday March 07, 2003 @03:28PM (#5461409)
    Well, since the code in question they distribute in Caldera, it means that we -do- have the right to distribute.

    It's in the GPL, section 7.

    They cannot restrict the patent to GPL'ed software that has only been released by them. If they do so, they cannot distribute under the GPL, which means they cannot distribute the code at all, and they cannot make it a part of their Linux Distribution.
  • Re:why? (Score:3, Insightful)

    by refactored ( 260886 ) <{zn.oc.tenx} {ta} {tneyc}> on Friday March 07, 2003 @03:28PM (#5461410) Homepage Journal
    SCO is dead and worse than dead. You can't boycott them.

    However, this must be entirely at the behest and with the intent of their majority holding group....Canopy Group [slashdot.org]

    If someone can create a list of companies that Canopy Group has a majority stake in, then you have a focus for a boycott.

  • by Anonymous Coward on Friday March 07, 2003 @03:37PM (#5461503)
    Seems fairly simple to disprove that IBM stole "Unix performance" from SCO. Demonstrate that SCO doesn't perform. Actually, I think the marketplace already demonstrated that.
  • by back@slash ( 176564 ) on Friday March 07, 2003 @03:40PM (#5461533)
    Exactly. Ordinarily you wouldn't throw stones from a glass house, but if your house is about to be run over by a bulldozer you'll be more inclined to chuck away.
  • by Master Bait ( 115103 ) on Friday March 07, 2003 @03:43PM (#5461556) Homepage Journal
    Very easy to say, but neither you or SCO cannot offer an example? Why?
  • by tomhudson ( 43916 ) <barbara,hudson&barbara-hudson,com> on Friday March 07, 2003 @03:44PM (#5461562) Journal
    Quote from the complaint:
    Shared libraries are by their nature unique creations based on various decisions to write code in certain ways, which are in great part random decisions of the software developers who create the shared library code base. There is no established way to create a specific shared library and the random choices in the location and access calls for "hooks" that are part of the creation of any shared library. Therefore, the mathematical probability of a customer being able to recreate the SCO OpenServer Shared Libraries without unauthorized access to or use of the source code of the SCO OpenServer Shared Libraries is nil.

    Aside from the insult proffered to programmers everywhere (calling our decisions "random"), there's the real problem that it IS possible to duplicate functionality in shared libraries without the source code. Check out WINE as an excellent example.

  • by supremebob ( 574732 ) <(moc.seiticoeg) (ta) (yknujemeht)> on Friday March 07, 2003 @03:53PM (#5461639) Journal
    SCO might have written their own death warrant by suing Big Blue. IBM has more software patents than Microsoft and Oracle combined, and probably has enough legal firepower in their patent portfolio to countersue SCO out of existance.

    I doubt that anyone will miss them once IBM is finished mopping the floor with them.
  • Re: Whatever SCO (Score:5, Insightful)

    by Black Parrot ( 19622 ) on Friday March 07, 2003 @04:12PM (#5461803)


    > > "It is not possible for Linux to rapidly reach UNIX performance standards for complete enterprise functionality without the misappropriation of UNIX code"

    > Sounds like Penis envy to me.

    It's an incredibly stupid a priori claim to base a court case on, for sure. Do they expect the court to just accept it as a given and move directly to the penalty phase?

  • Different company (Score:1, Insightful)

    by Anonymous Coward on Friday March 07, 2003 @04:21PM (#5461893)
    "My opinion Five years ago Linux was a better choice then that of SCO."

    Just for the record, the company called SCO five years ago was a different company. Caldera purchased the IP when the original SCO ("Santa Cruz Operation, Inc.") died. (The rest of the old SCO is now Tarantella, Inc., which is struggling, but still around, and still occupying the old SCO headquarters in Santa Cruz, CA.)

    When Caldera realized they weren't making any money off of their Linux products, they revived the old SCO trademark as "SCO Group".

    So, while I agree with the sentiment of your post, I think your comparison of this SCO to the SCO of 5 years ago is meaningless. They're two different companies. The only thing they have in common is the name and ownership of the System V source.
  • by Bruce Perens ( 3872 ) <bruce@perens.com> on Friday March 07, 2003 @04:39PM (#5462053) Homepage Journal
    I don't think it's in IBM's interest to actually win the case, because that would poison any chance of IBM's bringing similar claims against other companies. It's better for them to buy the company and leave the case unresolved.

    But then, I'm Machivellian. Most corporations are too. But are we the same Machievellian? :-)

    Bruce

  • by jackjumper ( 307961 ) on Friday March 07, 2003 @04:42PM (#5462079)
    No no no.

    I think the point is that if you've seen MSFT's source code you can no longer participate in developing anything related to a MSFT product; you'd be vulnerable to accusations of learning something from seeing that code and using the knowledge in your product.

    Whether or not anything of value can be learned from viewing MSFT code is a different matter...
  • No, it's not a copyright or patent case. SCO's filing is on their web site. It's a trade-secret case. And we know that Unix has been available to college students in source form since the early '70's, and there were shelves of books on it in any technical bookstore, and a government standard (POSIX) that defined how it would work. So, the trade secret argument is specious.

    Bruce

  • by uweber ( 61619 ) on Friday March 07, 2003 @05:46PM (#5462810)
    Never mind the fact that in the days of IBM's PS/2 systems (no not the sony toys - the 80386 era) you could get AIX for PS/2 so IBM had indeed prior knowledge to run UNIX on Intel CPUs.
  • by ctk76 ( 531418 ) on Saturday March 08, 2003 @01:47AM (#5465608)
    'It is not possible for Linux to rapidly reach UNIX performance standards for complete enterprise functionality without the misappropriation of UNIX code, methods or concepts to achieve such performance, and coordination by a larger developer, such as IBM.'

    SCO group is acknowledging that Linux is as good as its Unix if anything through this lawsuit. It's like SCO telling its customers that Linux has competant enterprise functionality. This sounds like a great news for Linux to me.

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